Learn how to prosecute and defend construction defect claims. From preserving claims and defenses during the investigation and repair of construction defects, to the disclosure and presentation of expert opinions, this course addresses the differences between correction and warranty obligations under typical construction contracts and between ongoing and completed operations claims. Express warranties, implied warranties, damages, defenses, and the impact of various waivers and limitation defenses upon latent and patent defects are also reviewed.
The authors of the IICLE® Construction Dispute Litigation handbook (2018 edition) instruct on their best advice for resolving disputes involving the multitude of participants and issues in the construction process. Using a complex hypothetical, this course centers on issues unique to construction litigation, including acceleration and delay, commercial defects, disruption/loss of productivity, and construction accidents. In addition, you will learn key strategies for handling insurance issues and special defenses, working with experts/consultants, and recovering damages.
Learn about relevant ethical standards and rules implicated in connection with the representation of multiple clients within a construction project and the use of common interest or joint defense agreements in connection with that representation.
Learn about important differences between the opinions of federal courts and Illinois courts regarding construction defect coverage; AIA documents requiring insurance; and specific requirements for and ethical dilemmas involving additional insureds.
Explore personal injury claims arising out of construction projects and consider the exposures of contractors, construction managers and design professionals. Learn about derivative rights of action held by original defendants for personal injury claims arising out of construction projects along with third party rights of action against employers under the Illinois Contribution Among Joint Tortfeasors Act.